Commonwealth Consolidated Acts

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OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 46

Destruction or delivery of goods

             (1)  If, on the application of the AOC or a licensed user, a prescribed court is satisfied that a person has engaged in conduct constituting a contravention of section 36 in relation to goods, the court may order that the goods be:

                     (a)  destroyed; or

                     (b)  delivered up to the AOC or to the licensed user, as the case may be; or

                     (c)  otherwise dealt with in such manner as the court thinks fit.

             (2)  An order made under this section on the application of a person who is a licensed user may only relate to:

                     (a)  a protected olympic expression to which the person's licence relates; or

                     (b)  an expression so closely resembling the protected olympic expression to which the person's licence relates as is likely to be mistaken, by a reasonable person, for that expression.

             (3)  A court may make an order under this section whether or not an injunction is granted under section 41.



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